Random Drug Tests & Your Rights

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In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!

8 Tips For Rideshare & Delivery Drivers

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Ride share and delivery drivers have unique risks on the job, including assault, fraud, and property damage. Delivery drivers and ride share drivers report instances of violent passengers, moving violations, vehicle damage, tax issues, and accidents at much higher rates than other workers in different industries. Our Legal Protection Plans for Individuals & Families has an add-on feature specifically geared for rideshare and delivery drivers that can give you access to legal advice tailored for your trade, for topics such as tickets, property damage, violent riders, taxes as a contract worker, and much more, all for under $45 per month. Learn more about these essential benefits and read on for tips to keep you safe on the job.

1. Request Passengers Sit In The Back

The closer someone is to you, the easier it is for them to do you harm or get access to the steering wheel.

2. Get a Dashcam

A dashcam provides evidence in case something happens on a ride or delivery, eliminating hearsay or "he-said-she-said" scenarios while keeping an eye and ear out for you while you pay attention to the road.

3. Verify the Identity of Your Passenger

When picking up a passenger, ask them to verify their name before getting in your car. Don't say the name you have; ask what their name is and see if it matches. Some rideshare companies have a PIN feature that helps you with the verification.

4. Don't Share Your Personal Information

It goes without saying that giving out personal information to strangers is a bad idea. Cases of stalking, harassment, and worse can arise from doing so. If a rider needs to get in touch with you, they should do so through the app.

5. Carry A Safety Kit

Being prepared for anything that could happen on the road is just common sense, but it makes even more sense if you make your living driving. You should always carry a first aid kit, a whistle, emergency (non-perishable) food, water, jumper cables, wiper fluid, a gas can, a jack and wrench for your wheels, and possibly some form of self protection, such as pepper spray (check your company's guidelines for what types of personal protection are allowed - if any - in your vehicle while you're on the job; there may be additional city, county, or state rules and regulations based on your location).

6. Always Follow Your Rideshare Guidelines

No matter what your rider might tell you, always follow all traffic laws and obey the rules of the rideshare app.

7. Have an Emergency Plan In Place

Thinking about the kinds of dangerous situations that might arise from being a rideshare driver can help you prepare, as well. make sure you know the protocols your rideshare service may have, as well as any laws in your locality. Make sure you know emergency numbers or have them programmed into your phone or written down somewhere in your car.

8. Consider Getting Legal Protection

No one can predict when a situation will arise during a ride or delivery, and making sure that your rights are protected is extremely important. With our Rideshare & Delivery Driver's Coverage plan, you can protect your driving record, get defense in court for moving violations or tickets, and even get tax consultations.

If you are a rideshare or delivery driver, protecting your assets and rights should be your number one priority, and we can help! Learn more about the essential benefits of our specialized coverage supplement or sign up today!

Attorneys Warn Workers to Be Careful With Social Media

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We live in a world that is increasingly online for communication, photos and videos, shopping, entertainment, business, and banking. Having access to the world from the palms of our hands makes it incredibly simple to share our thoughts, pictures, shopping finds, news, and more with just a click. While it is an exciting feature of our interconnected lives, social media can also be dangerous. Using social networking to chat and connect with others about our personal and professional lives has given rise to legal cases stemming from employers seeing employees' social media posts as being detrimental to their businesses. This brings up all kinds of questions: what speech is protected? How far is too far? Could a business experience legal problems for what an employee posts online? Lawyers are urging caution when it comes to online activities, both for employees and employers. If you have questions about how much control your employer can have over your online life or if you're an employer wondering if you can impose limits to what your employees post online, our network of experienced, dedicated attorneys can give you advice before a problem occurs to avoid the issue altogether, or help you through any legal issues that might have arisen from online content. Learn more about the benefits of our legal subscription plans for small business or for individuals and families and read on for a few general tips.

What Is Protected Speech?

Employees often have the misconception that the Freedom of Speech in the First Amendment to the US Constitution protects them and that they can say whatever they want, but this is not true. Freedom of Speech rights are not as strong in the work place and only a few types of speech are protected under the First Amendment and by the National Labor Relations Act, such as speaking in your workplace about your religion or talking about issues of public concern.

Online settings are not the workplace, and you do have the right to post about your wages, hours, and working conditions; however, you cannot posts threats, racial epithets or other hate speech, disclose trade secrets or other confidential information about your employer, or harass anyone, and employers have the right to look into social media posts to make sure that their information stays confidential or that their company is not being misrepresented by employees. For example, employees have been caught making false reviews about employers on review sites, impersonating a company's competitor and making comments, and making defamatory statements about an employer. These actions create legal problems for everyone involved.

Each case will vary, but the legal consequences can be devastating, and, even if you are not legally impacted, your reputation - or your company's - can suffer.

Creating Boundaries

Companies who are worried about employees posting problematic things online can and should have a social media policy in their employee handbook. Creating a policy that breaks down what employees can and cannot talk about online can avoid having employees disclose trade secrets or other confidential information. Attorneys advise that employers should proceed with caution here because you can create different legal problems for your company if you create rules that limit what employees can say too aggressively.

Trials Are On The Rise

In the not-too-distant past, hearing about defamation or libel usually only pertained to newspapers, magazines, and other media publishers. Those days are long gone. The ability for anyone to post anything at any time in a public forum means that each individual person is liable for what they publish online. Attorneys warn that it is crucial that you know your rights in regards to social media, regardless of whether you are an employer or an employee.

Social media is only getting bigger and its use has gotten more normalized over time. It is critical now more than ever to understand your rights and responsibilities before using it. Take the time to consider your words before you post and think about possible consequences of your content before publishing it in public. Remember: the Internet is forever and content never really goes away, even if it is deleted. If you have questions, either as an employee or as an employer, about your rights, responsibilities, and legal liability in regards to social media and the Internet, you can speak with an experienced, dedicated attorney today about your concerns through our legal subscription plans. We have plans tailored to individuals and families as well as plans that cater to the needs of small businesses, all for one low, monthly fee.

Learn more about our legal subscription plans for families and individuals or sign up now! If you're a small business, you can learn more about our business-specific plans or sign up today!

Can Your Boss Fire You For Job Hunting?

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Millions of people are currently looking for a better job fit amid "The Great Resignation." The Coronavirus prompted many people to make changes in their work lives; according to studies, more than half of working Americans are actively looking for a new full-time job, even if they already have one. With as many people as are working and looking for different employment right now, some wonder what happens if your current boss finds out that you're job hunting. Could you be fired? Because all US states are what is known as "at-will states," the answer is yes. An experienced employment lawyer can help you go over any contracts or agreements you're asked to sign at your job, as well as give you advice on any specific employment situation you're dealing with at your current place of work. Learn more about our legal subscription plans for individuals and families and read on for some job hunting basics.

What Is An At-Will State?

At-Will means that an employer can fire you for at any time, without notice, for any reason not specifically protected by EEOC laws. Most states have some exceptions; for instance, 42 states and the District of Columbia have an exception for public policy, which means that you can't be fired for reasons prohibited by state or federal laws. There are also "implied-in-law" exceptions.

It's Not Common, Though

Employers have the right to fire you for any reason, including job hunting, but it is pretty rare for employers to do so because employees who are fired from their positions are usually entitled to certain benefits, such as unemployment benefits, whereas employees who resign or quit on their own aren't entitled to those benefits.

When Non-Compete Agreements Are In Play

If you signed a non-compete agreement, you may be prohibited from working for a competing business, company, or industry for a specified amount of time stated in your contract, usually for some time after your employment has ended. Non-compete clauses vary state-to-state, and some aren't enforceable in some states. Make sure to read any non-compete contracts you're asked to sign as they can limit your future opportunities. Non-compete agreements must be found to be "reasonable" by a court and approved. The court ensures that the clauses in a non-compete are not too limiting, are limited by geography, and has a reasonable definition of what qualifies as "competition."

What If Your Boss Asks You If You're Job Hunting?

There is no law or restriction prohibiting employers from asking if an employee is job hunting, and some may take it personally and terminate the employee. If you choose to look for another job, make sure that the process doesn't take away from your current job's duties; schedule interviews on days off or use PTO and don't apply for jobs while you're at work.

Learn More About Your Rights As A Worker

Employment laws and worker's rights laws can be confusing, and adding in contracts and agreements to the process can make it more so. Having your attorney look over any contracts you're asked to sign or give you advice on a specific situation can give you confidence to go ahead with your plans and seek out new opportunities. Learn more about the benefits of our legal subscription plans for individuals and families or sign up today!

Employment Contract Red Flags

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A federal court recently ruled that Tesla must pay a former contract worker $137 million in damages following a claim of abuse while working for the company. Owen Diaz worked for Tesla as a contract worker and dealt with a hostile work environment. Other employees bullied him and other African American workers, including racist graffiti and drawings. It's a shocking story, but if Owen had signed his Tesla contract, he wouldn't have even been able to take the company to court over the abuse they did nothing about. The employment contract with Tesla stipulated that all disputes had to go through mandatory arbitration, which prohibits parties from taking each other to court, requiring all involved to settle claims and disputes privately. It rarely works out in favor of employees when included in employment contracts. These arbitration clauses prevent employees from taking an employer to court if there is a dispute, so it is a good idea to review employee contracts carefully to see if this kind of language is included.

Whether you're a short-term contractor or a long-term employee, it is critical that you read and understand what your rights and responsibilities are according to any employment contract before you sign it. Your provider attorney through our Legal Protection Plans for Individuals and Families will be able to walk you through any employment contract your employer asks you to sign and help you work through potential resolutions for any terms that strip you of your rights or throw up any other red flags.

What To Look For

Restrictive Covenants

Restrictive covenants are usually included in employment contracts to protect the company, other employees, or clients of the company. These could include clauses such as non-compete, non-disclosure, or non-solicitation.

Job Description

Even if you already know what your duties on the job will be, it is important to make sure that the language used and description of your job match up with any job description  where you applied or in your interview or other documents. If the description of your job differs, you should bring this up with Human Resources or the hiring manager. If the changes are significant, talk to your attorney about appropriate next steps.

Salary & Requirements

Again, if the language or details in the employment contract differ from what you were told in your offer letter or other communication, speak to the hiring manager or Human Resources for the company before signing. You can also discuss this with your attorney so you have a firm knowledge of what to say. This section should also include details on how and when you will be paid and how any bonuses are distributed and your eligibility.

Working Hours

Double-check the details here, too. Make sure that the start date, number of weekly working hours, and days off all match what you have been previously told. Again, if there is a discrepancy, speak to HR or the hiring manager. You attorney can help you here, too.

Sick Leave and Holiday Pay

Understanding policies surrounding sick days and holidays is also important. What does the contract state are the procedures and policies for taking time off, whether you are required to take your time off or lose it after a certain date, and if there are any days that are company holidays?

If you ever receive an employment contract from an employer - whether a new one or one you have worked with for years - and you need clarity or a better understanding of your rights, you can call your provider attorney any time for advice, document and contract review, and more at no additional fee. For just $29.95 per month, you can have the piece of mind knowing that you understand any contract given to you before you sign a legally binding document. Learn more about all the benefits of our Legal Protection Plans for Individuals & Families, or sign up today!